Despite new state law, challenge to PV’s open carry ban ‘still in play,’ says plaintiff

The plaintiff in a lawsuit against Prairie Village’s ban on openly carried weapons said Wednesday that the suit will remain open unless the city formally removes its ordinance from the books, despite the fact that Gov. Sam Brownback signed a bill into law last week that essentially renders the city’s ban moot.

Grant_Nelson
Grant Nelson

Grant Nelson refused to comment on any aspects of the case or whether he planned to openly carry a weapon within the city after the state law goes into effect July 1 except to say that “The lawsuit is still in play until the city council openly and officially rescinds the open carry ordinance.”

Nelson, a member of the Kansas Libertarian Party and a Prairie Village resident, became the lead plaintiff in a second lawsuit against the city’s open carry ban last year after a Johnson County judge threw out the party’s first challenge to the ordinance based on a lack of standing.

Nelson announced last year he was running for lieutenant governor, but he is no longer listed as a candidate on the state party website.

Katie Logan, Prairie Village’s city attorney, said Wednesday she has not discussed the impact of the new state law on the city’s existing ordinance with the city council at present, and thus cannot comment on what the city’s next steps might be.

The city spent more than $30,000 in legal fees associated with the challenges to its open carry ban in 2013.